Jordon S. Steinway

Partner

Jordon Steinway is a partner who has successfully litigated a diverse range of high-exposure insurance and reinsurance matters in state and federal courts throughout the country. In addition to his work in Illinois, Jordon has represented domestic and international insurers in California, Colorado, District of Columbia, Florida, Indiana, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Montana, New Jersey, New York, Oregon, Texas, Washington, and West Virginia. Jordon focuses, in particular, on claims arising under general liability, professional liability, law enforcement liability, motor carrier/business auto liability, and commercial excess/umbrella liability policies, including bad faith, duty to defend, priority of coverage, allocation, and trigger, among other emerging insurance issues.

Jordon's coverage practice is enhanced by his civil litigation background defending product manufacturers, oil and gas suppliers, general contractors, and service companies against general liability and wrongful death claims. With experience gained from handling the defense of insureds in underlying litigation, Jordon has a broader grasp of coverage considerations, and a decided edge in crafting solutions to challenges faced by insurers.

While Jordon is committed to aggressively litigating cases through trial, he recognizes that protracted litigation may not serve every client's best interest. He takes the time at the outset of an engagement to fully discuss a client's objectives for each matter, and works to develop creative, practical, and cost-effective strategies in furtherance of those goals. Beyond the courtroom, Jordon devotes a substantial part of his practice to counseling his clients on pre-litigation claims strategy, claims resolution procedures, and coverage questions. He also reviews and drafts tailored policy forms and endorsement language to meet product goals for an array of general liability and excess liability coverages.

In 2018, Jordon was selected as one of the “40 Under Forty” Illinois attorneys to watch by Law Bulletin Media, publishers of Chicago Lawyer magazine and the Chicago Daily Law Bulletin. The honor was given in recognition of Jordon’s passion and success in the office and his commitment to helping the community. He has also been selected for inclusion in the annual “Rising Stars” list published by Illinois Super Lawyers and has been recognized as an “Emerging Lawyer” in the areas of Insurance, Insurance Coverage, and Reinsurance law. In addition, Jordon is AV Preeminent® peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Publications

“Principles of Advertising Injury,” comprehensive outline and commentary regarding the relationship and tension between the various layers of coverage and the changes in the world of “advertising injury” liability, written in connection with a presentation sponsored by Lorman Education Services.

“Construction Defect Coverage Issues,” discussion of the many complex issues that surround insurance and construction defects, written in connection with a presentation sponsored by Lorman Education Services.

“An Overview of Trademark Protection for Franchisees and Franchisee Associations,” distributed to franchisee association representatives at the annual conference of the American Association of Franchisees and Dealers.

Representative Matters

Princeton Excess and Surplus Lines Ins. Co. v. Precious Pies & Catering LLC, et al., No. 1:17-cv-00572-EGS (District of Columbia) Lead counsel for primary CGL insurer (plaintiff) in declaratory judgment lawsuit arising out of the fatal stabbing of a patron at a D.C. nightclub, with the pivotal coverage issue being whether the insured nightclub provided reasonable notice to PESLIC of the underlying “occurrence” in accordance with the policy conditions and applicable law. Case settled (terms confidential).

Michigan Millers Mut. Ins. Co. v. Westport Insurance Corporation (f/k/a Employers Reins. Corp.), No. 1:14-cv-00151 (W.D. Mich.) Successfully represented reinsurer (defendant) in a dispute against its cedent regarding the allocation between multiple reinsurance treaties of $14 million in loss and claim expense that the cedent incurred in connection with five underlying lawsuits, including bad faith claims for failure-to-settle. Issues involved examination of bad faith liability as between umbrella and primary claims handling, as well as protection of reinsurer communications within its in-house legal department.

American Alternative Ins. Corp. v. Tate Transportation Corp., et al., Nos. 0:14-cv-62549 and 0:15-cv-60374 (S.D. Fla.) Successfully litigated declaratory judgment lawsuit against AAIC’s insured, and related subrogation lawsuit for breach of contract against the insured’s broker, after securing entry of a consent judgment in the full amount of the loss for the settlement of an underlying wrongful death lawsuit. Issues involved business auto liability, and the pursuit of contribution for defense and indemnity from co-insurer of mutual insured, as well as additional funds from the insured’s broker.

Country Life Ins. Co., et al. v. Illinois National Insurance Company, et. al., No. 10 L 68 (Cir. Ct. McLean County, IL) Obtained summary judgment for defendant excess insurer, defeating bad faith claims and negating approximately $8.3 million in potential exposure. The Court held that the damages awarded against Plaintiff in an underlying arbitration were not by reason of liability imposed because of “personal and advertising injury” and, therefore, Illinois National had no indemnity obligation.

Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. Mead Johnson & Co., 913 F. Supp. 2d 682 (S.D. Ind.), aff'd, 735 F.3d 539 (7th Cir.) Obtained summary judgment in favor of insurer, negating over $13 million in potential exposure. The district court held that allegations of false advertising and disparagement, as set forth in ten underlying class action lawsuits, were not "of and concerning" the underlying claimants, and therefore did not implicate "personal and advertising injury" coverage under the applicable liability policy.

Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. Mead Johnson & Co., No. 3:11-cv-15 (S.D. Ind.) Obtained summary judgment in favor of insurers. The district court held that the insured’s notice to the insurers of an underlying lawsuit, which came seven weeks after the entry of a $13.5 million adverse jury verdict, constituted a breach of the applicable notice conditions of the insurers’ policies as a matter of law, thereby extinguishing any potential for coverage under the policies.